General Litigation

Mission

The General Litigation Division (Code 14) provides litigation support to the Department of Justice (DOJ) for all civil cases incident to the operation of the Navy and Marine Corps except those involving admiralty, common-law torts, and matters reserved to the Navy General Counsel. In conjunction with the Office of Navy General Counsel, the Division's attorneys and paralegals respond to requests for official Navy/Marine Corps information for litigation purposes. These include subpoenas or other written requests seeking the Navy to release documents or approve witnesses in litigation. The Division also adjudicates departmental Freedom of Information Act (FOIA) and Privacy Act (PA) appeals. If the FOIA/PA requester seeks relief in federal court, the Division provides litigation support to the DOJ.

Function

Freedom of Information Act (FOIA)

Adjudicates administrative appeals of FOIA decisions. Defends litigation arising from denial by the Judge Advocate General of FOIA.

Privacy Act

Adjudicates administrative Privacy Act decisions. Defends litigation arising from denial by the Judge Advocate General of Privacy Act appeals.

Touhy Requests

Subpoenas and other requests for official information for litigation purposes.

Military Personnel Law

Defends litigation challenging military personnel programs, policies and decisions, including but not limited to, involuntary discharges, failures of promotion, and petitions denied by the Board for Correction of Naval Records.

Habeas Corpus

Responds to habeas corpus petitions filed by prisoners serving court-martial sentences and conscientious objectors.

Constitutional Torts and Personal Liability

Defends service members sued for official actions allegedly violating another’s constitutional rights.

Disability Law

Defends litigation arising under disability laws or regulations involving military or former military personnel.

Litigation Risk Assessments

Provides advice to Naval commands regarding the possible outcome of litigation in areas of division expertise.

Review of Proposed Statutes and Regulations

Reviews proposed statutes and regulations related to areas of division expertise.

Delivery of Persons to Civilian Authorities

Provides advice regarding requests by civilian authorities for the surrender of members or civilians pursuant to arrest warrants or similar processes, generally in connection with a criminal prosecution. See JAG Manual, Chapter VI, Part A.